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TMI Blog2020 (10) TMI 127X X X X Extracts X X X X X X X X Extracts X X X X ..... to restore the original status of the Appellant Company as if the name of the company has not been struck off from the Register of Companies and take all consequential actions like change of company s status from Strike off to Active (for e-filing), to restore and activate the DINs if applicable, to intimate the bankers about restoration of the name of the company so as to defreeze its accounts. Application allowed. - CA/46/KOB/2020 - - - Dated:- 29-9-2020 - Hon ble Mr. Ashok Kumar Borah, Member ( Judicial ) Stepson Web Consultancy Services Private Limited Versus The Registrar of Companies, Kerala Lakshadweep For the Appellant : Mr. Abhilash Nediyalil Abraham , PCS For the Respondent : No appearance ORDER ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eo conferencing stated that the Appellant Company has authorised filing of all accounts and returns with one of its employees of the Company from inception and the said employee filed all accounts and Annual Returns upto the financial year 2012-13. The said employee left the organisation without filing annul returns and accounts for the subsequent years and the promoter himself has to manage all accounts subsequently. Due to the lack of sufficient knowledge about the provisions of the Companies Act, 2013 and due to inadvertence, the filings could not be done for subsequent years i.e. 2013-14 to 2018-19. The delay in filing the Annual Returns and Annual Forms was unintentional and it occurred due to clerical oversight and inadvertence on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt . 6. It is further stated by the ROC, in the instant case, on verification of the documents of the subject company it was found that the company has not filed its Balance Sheets and Annual Returns since 2014 and had not applied for getting dormant status. It had been defaulting in filing its Financial Statements for the Financial Years ending 31.03.2015, 31.03.2016 and 31.03.2017 and Annual Returns for the years 2014, 2015, 2016 and 2017. ROC further stated that the subject company has violated the provisions of Sections 92/137 of the Companies Act, 2013 and that as per the provisions of Section 248 read with relevant rules, notice had been issued to the company on 17.05.2018 giving 30 days notice period. It is also stated that due p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 019 of the Company and also the Income Tax Return Acknowledgment for the Assessment Year 2019-20. 9. The provision pertaining to the restoration of the name of the Company as provided in Section 252 (3) is produced below: Section 252(3) : (3) If a company, or any member or creditor or workman thereof feels aggrieved by the company having its name struck off from the register of companies, the Tribunal on an application made by the company, member, creditor or workman before the expiry of twenty years from the publication in the Official Gazette of the notice under sub-section (5) of section 248 may, if satisfied that the company was, at the time of its name being struck off, carrying on business or in operation or otherwise it i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its name is restored on the Register of Companies by the Registrar of Companies. (iii)The shareholders of the appellant company shall jointly submit an Undertaking to the Registrar of Companies stating therein that the accounts of the Company were not used as means to transact tainted money during the period of demonetization. (iv)The appellant is also directed to pay the costs of ₹ 50,000/- (Rupees Fifty Thousand only) to the accounts of Central Government in favour of the Pay Accounts Officer, Ministry of Corporate Affairs, Southern Region, Chennai and proof of payment be handed over to Registrar of Companies, Kerala within three weeks from the date of receipt of this order, while submitting the documents, failing which thi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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